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Judgment
This appeal is preferred against the award in O.P (MV) No.1841/06 of the Motor Accidents Claims Tribunal, Kozhikode by the injured. The appellant sustained injuries in a motor accident on 19.05.2006 at about 2.45 pm at Nallalam bazar Feroke College - Kolathara road and the learned Tribunal awarded compensation of Rs.31,450/-. Being aggrieved by that amount, the injured preferred this appeal.
There was no dispute with regard to the accident and the insurer admitted the insurance of the vehicle. In the lower court, the appellant submitted that he sustained crack fracture, tibia both leg, fracture right clavicle and other multiple injuries all over her body. She was admitted in a hospital from 19.05.2006 to 29.05.2006 and Ext.A3 is the discharge summary and Ext.A5 is the discharge certificate. She submitted the medical bills for Rs.39,313/-, which were marked as Ext.A6 series.
Apex court in Raj Kumar v. Ajay Kumar [2011(1) KLT 620 (SC)] held as follows:
"where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings, would depend upon the effect and impact of such permanent disability on his earning capacity. The Tribunal should not mechanically apply the percentage of permanent disability as the percentage of economic loss or loss of earning capacity. In most of the cases, the percentage of economic loss, that is, percentage of loss of earning capacity, arising from a permanent disability will be different from the percentage of permanent disability. Some Tribunals wrongly assume that in all cases, a particular extent (percentage) of permanent disability would result in a corresponding loss of earning capacity, and consequently, if the evidence produced show 45% as the permanent disability, will hold that there is 45% loss of future earning capacity. In most of the cases, equating the extent (percentage) of loss of earning capacity to the extent (percentage) of permanent disability will result in award of either too low or too high a compensation. What requires to be assessed by the Tribunal is the effect of the permanent disability on the earning capacity of the injured; and after assessing the loss of earning capacity in terms of a percentage of the income, it has to be quantified in terms of money, to arrive at the future loss of earnings (by applying the standard multiplier method used to determine loss of dependency). We may however note that in some cases, on appreciation of evidence and assessment, the Tribunal may find that percentage of loss of earning capacity as a result of the permanent disability, is approximately the same as the percentage of permanent disability in which case, of course, the Tribunal will adopt the said percentage for determination of compensation.
The appellant in a motor accident case is entitled to get just amount as compensation. The learned Tribunal awarded the following amount as compensation. Transport to hospital :Rs.500/-, damage to clothing :Rs.250/-, Loss of earnings :Rs.2,500/-, Bystander's expenses :Rs.1,000/-, Treatment Expenses :Rs.8,200/-, Pain and suffering :Rs.18,000/-, Loss of amenities : Rs.1,000/-.
It is true that, she sustained crack fracture in both tibia. The learned Tribunal awarded Rs.18,000/- for pain and suffering. She was aged 34 years at the time of accident and she was teacher in a Parallel College. The learned Tribunal took Rs.2,500/-, but it is enhanced as Rs.5,000/- per month in view of Dixit Kumar and Ors. v. OM Prakash Goel (2017 ACJ 2057). The loss of income for three months is Rs.15,000/-. The learned Tribunal awarded Rs.2,500/-, the balance amount is Rs.12,500/- (Rs.15,000-2,500). Additional amount of Rs.1,000/- for transport to hospital, Rs.500/- for damage to clothing, additional Rs.2,000/- for medical expense and additional Rs.7,000/- for pain and suffering and another Rs.10,000/- for loss of amenities. Therefore, total amount comes to Rs.33,000/-. The appellant is entitled to get enhanced compensation of Rs.33,000/- with 7% interest and proportionate cost. The insurer is directed to satisfy the award within 30 days from the date of receipt of a copy of this judgment, failing which it will carry 12% interest from the date of default.
This appeal is disposed of, accordingly.